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Baleshwar Singh @ Baleshwar … vs The State Of Bihar on 5 February, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4857 of 2018
Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Katihar

Baleshwar Singh @ Baleshwar Prasad Singh, Son of Late Moghri Singh
Resident of Village – Langra Bagan, P.S.- Sahayak, District – Katihar
… … Appellant/s
Versus
The State Of Bihar
… … Respondent/s

Appearance :

For the Appellant/s : Mr.Shashi Shekhar
For the Respondent/s : Smt Usha Kumari No-1

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
Date : 05-02-2019

This is an appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 against the refusal of prayer of anticipatory bail dated

03.11.2018 passed by the learned 1st Addl. District and Sessions

Judge-cum-Special Judge, Katihar in ABP No. 90 of 2018

arising out of SC/ST P.S.Case No. 23 of 2018 registered under

Sections 313, 323, 354, 379, 498A and 504 of the Indian Penal

Code, 3 and 4 of the Dowry Prohibition Act and Sections 3(i)

(s)/3(w)(i) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that husband of the

complainant sent this appellant to outrage the modesty of the

complainant.

Submission of learned counsel for the appellant is that
Patna High Court CR. APP (SJ) No.4857 of 2018 dt.05-02-2019
2/2

whole allegation is false and concocted and he is not the

husband of the lady.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and

circumstances, as stated above, let the appellants, in the event of

arrest or surrender before the court below within a period of six

weeks from the date of receipt/production of a copy of this

order, be released on bail upon furnishing bail bond of Rs.

25,000/- (Rupees twenty five thousand) each with two sureties

of the like amount each to the satisfaction of the learned 1st

Addl. District and Sessions Judge-cum-Special Judge, Katihar

in ABP No. 90 of 2018 arising out of SC/ST P.S.Case No. 23 of

2018; subject to condition as laid down under Section 438(2) of

the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned

order is set aside with respect to him.

(Vinod Kumar Sinha, J)

sujit/-

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